Penalties for Not Complying to Safety Codes Act & Fire Code

Posted on October 11, 2013

On December 10, 2012 maximum fines for not complying with requirements of the Fire Code rose from $15,000 for first offence to $100,000:

SAFETY CODES ACT PROHIBITIONS

Offences

67 (1) A person who interferes with or in any manner hinders an Administrator or a safety codes officer in the exercise of the Administrator’s or officer’s powers and performance of the Administrator’s or officer’s duties under this Act is guilty of an offence.

(2) A person who knowingly makes a false or misleading statement under section 34(4)(c) either orally or in writing is guilty of an offence.

(3) A person who fails to prepare, submit or retain any information that the person is required by this Act to prepare, submit or retain is guilty of an offence.

(4) A person who (a) contravenes this Act, (b) contravenes a condition in a permit, certificate or variance, (c) contravenes an order, or (d) fails to carry out any action required in an order to be taken within the time specified in it, is guilty of an offence.

(5) A person who is guilty of an offence under this Act is liable on conviction for each day or part of a day on which the offence occurs or continues.

68 (1) A person who is guilty of an offence is liable (a) for a first offence, (i) to a fine of not more than $100 000 and, in the case of a continuing offence, to a further fine of not more than $1000 for each day during which the offence continues after the first day or part of a day, or (ii) to imprisonment for a term not exceeding 6 months, or to both fines and imprisonment, and (b) for a 2nd or subsequent offence, (i) to a fine of not more than $500 000 and, in the case of a continuing offence, to a further fine of not more than $2000 for each day or part of a day during which the offence continues after the first day, or (ii) to imprisonment for a term not exceeding 12 months, or to both fines and imprisonment.

(2) If a person is guilty of an offence under this Act, the court may, in addition to any other penalty imposed or order made, order the person to comply with this Act or any order, permit, certificate or variance, or all or any one or more of them, as the case requires.